Mr. Ross concentrates his practice in complex litigation, with an emphasis on antitrust, class actions, consumer protection claims and regulatory matters. He represents clients in litigation and under investigation by the Federal Trade Commission, the Antitrust Division of the Department of Justice, and various antitrust enforcement agencies.
Mr. Ross currently serves on the governing Council of the ABA’s Antitrust Section. He is a member of the Bureau of National Affairs’ Health Law Advisory Board. He is listed among The Best Lawyers in America and by Chambers USA.
Mr. Ross is chair of the firm’s litigation department.
Selected Cases
Robertson et al. v. The Port Blakely Company
2010
Trial counsel to family-owned tree farming business in dispute with limited partners. Successfully tried securities fraud claims to jury after obtained dismissal on summary judgment of claims seeking dissolution.
Witham v. Clallam County Public Hospital District No. 2
2009
Lead counsel to public hospital district sued by oncologist who claimed the hospital monopolized the provision of oncology services by hiring its own providers. On motion to dismiss filed against the complaint, obtained dismissal of Sherman Act damage claims under Local Government Antitrust Act and of all state antitrust claims. (W.D. Wa.)
East Portland Imaging Center and Body Imaging v. Providence Health System and Providence Health Plan
2008
Lead counsel for Providence Health System and its health plan in an antitrust case brought by two outpatient diagnostic imaging centers that were terminated from the plan in favor of two joint ventures formed by Providence and community radiologists. The district court granted summary judgment for Providence and the Ninth Circuit affirmed. (D. Oregon 2006; 9th Cir. 2008).
Gibson v. Providence Health System–Oregon
2008
An action was filed against Providence alleging a theft of backup tapes and optical discs from the car of an employee was the result of negligence and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify a class of 365,000 Providence patients whose patient information was stored on the stolen material. The trial court granted a motion to dismiss with prejudice and all claims were dismissed. The matter is on appeal. (Multnomah County, Ore., Circuit Court).
Mill v. Virginia Mason Medical Center
2008
Lead counsel to Virginia Mason in a class action challenging the imposition of a facility fee at its downtown outpatient clinic. Following entry of summary judgment in Virginia Mason’s favor establishing such fees were unlawful, the remaining claim regarding disclosure of the fees was settled. (King County, Wash., Superior Court).
U.S. Dept. of Health & Human Services, Office for Civil Rights, In re: Providence Health & Services
2008
Represented Providence Health & Services in federal administrative proceedings related to the theft of backup tapes. Proceedings ended in a negotiated settlement.
Woodruff v. Hawai’i Pacific Health
2008
Obtained summary judgment for Hawai’i Pacific Health in antitrust litigation filed in state court in Honolulu by a group of pediatric oncologists who were terminated from the health system’s medical group. Plaintiffs asserted claims under the state’s antitrust laws and unfair trade practices act. Currently representing Hawai’i Pacific in similar litigation filed in federal court that includes claims under the Sherman Act and the Lanham Act. (Circuit Court, First Circuit, Hawai’i).
DaVita, Inc. v. Dept. of Health
2007
Successfully represented Olympic Peninsula Kidney Center, a dialysis provider, in a certificate-of-need dispute, from administrative hearings through the Court of Appeals process. DaVita, Inc. v. Department of Health and Olympic Peninsula Kidney Center, 137 Wn. App. 174 (2007).
Hearst Communications v. Seattle Times Co.
2007
Lead counsel to the Seattle Times Company in litigation filed by the Hearst Corporation regarding the Joint Operating Agreement under which the Seattle Times Company publishes both the Seattle Times and the Seattle Post-Intelligencer. The case resulted in a significant opinion in favor of the Times from the state Supreme Court. 154 Wn.2d 493, 115 P.3d 262, 2005 (2007). The remaining issues were resolved by settlement.
Shannon E. Moran, et al. v. Providence Health System–Washington
2006
Represented the hospital in a class action brought claiming that the hospital charged the uninsured higher rates than it charged insured patients, failed to disclose the difference, and that its charges to the uninsured were too high. Court granted a motion to dismiss with prejudice. (Alaska).
Northwest Healthcare Alliance, Inc., dba Assured Home Health and Hospice v. Providence Health System–Washington
2004
Represented Providence in an antitrust lawsuit in which a home health agency claimed Providence improperly steered referrals to its own agency. The parties settled with no payment of fees, costs or damages by Providence and no admission of liability. (King County, Wash., Superior Court).
Turner v. Legacy Health System and
Block v. Providence Health System
2004
Represented Legacy and Providence in separate class actions filed in Oregon claiming that the hospitals charged the uninsured more than insured patients, failed to disclose the difference, and that its charges to the uninsured were too high. Both cases were settled on favorable terms. (Multnomah County, Ore., Circuit Court).
Schaff et al. v. Vision Service Plan
2002
Represented Vision Service Plan in an antitrust suit brought by optometrists who had been terminated by VSP for failing to comply with VSP’s conditions and rules. After the Court entered a decision and order denying plaintiffs’ motion for a preliminary injunction, plaintiffs dismissed their complaint. (W.D. Mich. 2002).
Yu v. MultiCare, Carlos Garcia, M.D., et al.
2002
Represented the chief of staff of a MultiCare hospital in Tacoma, Wash., in an antitrust suit brought by a vascular surgeon after the hospital placed conditions on the surgeon’s admitting privileges. Mr. Ross took the lead in briefing the summary judgment motion for all defendants; summary judgment was granted. (Pierce County, Wash., Superior Court).
Renton v. Kaiser Foundation Health Plan et al.
2001
Represented Kaiser Foundation Health Plan and various other Kaiser entities in a putative class action filed on behalf of Kaiser members nationwide claiming that Kaiser breached fiduciary duties owed under ERISA by failing to disclose to enrollees how physicians are compensated and the internal procedures used to determine the costs of health care. In late 2001, class certification was denied. Plaintiff’s counsel (the Boies Schiller firm in New York) dismissed the complaint with prejudice thereafter. (W.D. Wash., Tacoma Division).
Daeree, et al. v. Microsoft Corporation
2000
Represented Microsoft Corporation in an antitrust suit defending against a class action brought by purchasers in Oregon of Windows 98. The case was dismissed in June 2000, on Microsoft’s motion to dismiss filed one month after the case was filed. (Multnomah County, Ore., Circuit Court).
United States ex. rel Kimberly Lum v. Vision Service Plan
2000
Represented Vision Service Plan in a qui tam action in which a former employee claimed that VSP presented false claims in connection with providing a vision benefit to Medicaid enrollees. Summary judgment was granted in 2000 for VSP on all false claims allegations. 104 F. Supp. 2d 1237 (D. Hawaii 2000).
Van Waters & Rogers v. Shell Chemical Co.
2000
Represented Shell Chemical Company in an antitrust action brought by a former national distributor of Shell’s surfactants alleging that Shell engaged in tying, monopolization and exclusive dealing. Summary judgment was entered for Shell on principal claims. Plaintiff then dismissed the remainder of the action without payment or promise by Shell. (W.D. Wash.).
Walton v. Vision Service Plan
2000
Mr. Ross represented Vision Service Plan in a lawsuit brought by several optometrists who were removed from the plan. After plaintiffs’ motion for a preliminary injunction was denied, plaintiffs dismissed their suit. (Sup. Ct. Orange County, Cal.).
Kottle v. Northwest Kidney Centers
1998
Represented Northwest Kidney Centers (NKC) in an action brought by a physician who sued NKC for monopolization after NKC opposed his application for a certificate of need that would have allowed him to provide competing dialysis services. The district court granted NKC’s motion to dismiss the complaint on grounds that the actions of NKC were protected from the antitrust laws by the First Amendment’s right to petition. The Ninth Circuit Court of Appeals affirmed. 146 F.3d 1056 (9th Cir. 1998).
Eureka Urethane, Inc. v. Professional Bowlers Association
1991
Obtained summary judgment for the PBA on all claims in advance of trial. At issue was the question of whether broadcasters and sports organizations must allow professional bowlers participating in a televised sports broadcast to display advertisements on their equipment or apparel. The court ruled that the PBA and NBC could properly prohibit such displays. 746 F. Supp. 915 (E.D. Mo. 1990) aff’d, 935 F.2d 990 (8th Cir. 1991).
Government Investigations
Mr. Ross has represented a wide variety of clients in different industries in investigations by the Department of Justice, the Federal Trade Commission and various state Attorneys General for possible antitrust violations. Publicly revealed investigations include:
- Represented Black Press, owner of the Honolulu Star-Bulletin, in an investigation conducted by the Antitrust Division of the Department of Justice and State of Hawai`i into the acquisition by Black Press of the Honolulu Advertiser. Ultimately the Division and State permitted the acquisition to proceed after the failing company defense was successfully demonstrated and the two newspapers were combined into a single daily, the Honolulu Star-Advertiser.
- Represented The Seattle Times in a two-year investigation conducted by the Antitrust Division of the Department of Justice into allegations that the Times had attempted to monopolize the newspaper market in Seattle. The investigation was closed by the Division in 2005 and a press release explaining the Division’s non-action was issued. (www.justice.gov/atr/public/press_releases/2005/209008.htm)
- Antitrust counsel in Washington to BankAmerica in its acquisition of Security Pacific.
- Antitrust counsel to PayLess Drug Stores in its acquisition of Pay ‘N Save Drugstores.
- Antitrust counsel to Shell Oil Company in litigation filed by the Attorney General seeking to block the sale of Shell’s western Washington operations to Texaco.
Health Care Mergers, Acquisitions and Affiliations
Mr. Ross has provided antitrust advice to hospitals, health systems and physician groups in a variety of mergers and affiliations. In recent years, these have included:
- Antitrust counsel to the University of Washington in the affiliation of Northwest Hospital & Medical Center with UW Medicine.
- Antitrust counsel to Providence Health & Services in its acquisition of a general acute care hospital in the Portland, Oregon area.
- Antitrust counsel to Providence Health System, Southern California, in its acquisition of a general acute care hospital from affiliates of Tenet Healthcare.
- Antitrust counsel to PeaceHealth in its acquisition of assets from Madrona Medical Group, P.S.
- Antitrust counsel to Benefis Healthcare in Great Falls, Mont., in the request for relief from the certificate of public advantage imposed at the time of the merger of its two predecessor hospitals.
- Antitrust counsel to N.T. Enloe Hospital in its acquisition of Chico Community Hospital in Chico, Calif.
- Antitrust counsel to Virginia Mason Medical Center in the sale of a majority interest in the Virginia Mason Health Plan to Group Health Cooperative.
- Antitrust counsel to the Sisters of Providence and General Hospital Medical Center in the merger of Providence Hospital, Everett, and General Hospital.